Gaming Commission Rulings Database
| Licensee: NOEL ITARA |
| Licensed As: GENERAL SERVICES |
| Notice Number: MO 355-2008 |
| Racing Type: Thoroughbred |
| Track: Main Office |
| Notice Date: 10/01/2008 |
| Status: CLOSED |
| Ruling Type: Revocation |
| Rule(s): 4042.5 (a) (c) |
| Ruling Text: Your license to participate in pari-mutuel thoroughbred racing as a groom and general services employee is hereby SUSPENDED IMMEDIATELY pending the disposition by the New York State Racing and Wagering Board (hereinafter the “Board”) of the scheduled hearing before the Board or, if you refuse such hearing or default in appearing, SUSPENDED until such time as the Board in its discretion takes further action, including but not limited to license suspension or revocation or refusal to license. This action is taken pursuant to Racing, Pari-Mutuel Wagering and Breeding Law § 213(2); 9(E) NYCRR § 4042.5, subdivisions (a) and (c); and State Administrative Procedure Act § 401(3), upon a finding of the Board that the public safety and welfare imperatively require this emergency action in that your continued participation in racing is a potential cause of civil unrest and public harm and further, could result in an impairment of the public's confidence in pari-mutuel racing in New York State and have an adverse affect upon substantial State and public revenues and revenues to the industry in general generated by pari-mutuel racing, in that on February 17, 2008, a human drug test of your urine disclosed the presence of cocaine in your system, which is a prohibited controlled substance as described in subdivision (a) of 9E NYCRR 4042.5; and your occupational license to participate in thoroughbred racing was voluntarily surrendered on February 27, 2008; and you subsequently entered into a “Consent to Conditions for Re-instatement” with the New York State Racing and Wagering Board on or about April 18, 2008 whereby you agreed to “continue to participate in my present substance abuse rehabilitation program and/or 12-step program in a manner that is satisfactory to that program”; and on April 18, 2008 you were re-licensed as a groom and a general services employee based upon the signed consent conditions agreement; and on September 25, 2008, you were terminated from the Backstretch Employee Service Team (BEST) treatment program for failing to attend treatment meetings and to actively participate in the treatment process, in violation of both your consent to conditions agreement and 9(E) NYCRR § 4042.5(c); and under the present circumstances, you lack the general character and fitness for continued participation in pari-mutuel racing and your continued participation in pari-mutuel racing is presently inconsistent with the public interest, convenience, and necessity, and with the best interests of racing generally. FINDINGS AND ORDER, 1/26/2008, Gail Pronti,ORDERED, that Mr. Itara’s license to participate as a groom/general services employee in thoroughbred racing be, and hereby is, revoked. |
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